Avvo - Rate your Lawyer. Get Free Legal Advice.

© 2023 by The Stone Law Firm.Proudly created with Wix.com

FOLLOW US:

  • w-facebook
  • Twitter Clean

Assault & Aggravated Assault

 

Utah Code Section: 76-5-102, 103

Elements

Assault is:

(1)an attempt, with unlawful force or violence, to do bodily injury to another; or

(2)an act, committed with unlawful force or violence, that causes bodily injury to another or creates a substantial risk of bodily injury to another.

(2)Assault is a class B misdemeanor.

 

(3)Assault is a class A misdemeanor if:

(a)the person causes substantial bodily injury to another; or

(b)the victim is pregnant and the person has knowledge of the pregnancy.

(4)It is not a defense against assault, that the accused caused serious bodily injury to another.

 

 

Aggravated Assault

(1)Aggravated assault is an assault (as defined above) or a threat, accompanied by a show of immediate force or violence, to do bodily injury to another that includes the use of: a dangerous weapon, or other means or force likely to produce death or serious bodily injury.

Levels of Injury Defined

"Bodily injury" means physical pain, illness, or any impairment of physical condition.

"Substantial bodily injury" means bodily injury, not amounting to serious bodily injury, that creates or causes protracted physical pain, temporary disfigurement, or temporary loss or impairment of the function of any bodily member or organ.

"Serious bodily injury" means bodily injury that creates or causes serious permanent disfigurement, protracted loss or impairment of the function of any bodily member or organ, or creates a substantial risk of death.

Jail/Prison time, fines & restitution

Assault is a class B misdemeanor.

Assault is a class A misdemeanor if:

(a)the person causes substantial bodily injury to another; or

(b)the victim is pregnant and the person has knowledge of the pregnancy.

(4)It is not a defense against assault, that the accused caused serious bodily injury to another.

An aggravated assault violation is a third degree felony, unless the assault results in serious bodily injury, which is a second degree felony.

A second degree felony is punishable by an indeterminate prison term of 1-15 years in the Utah State Prison and a fine of $10,000, plus a surcharge.

A third degree felony is punishable by an indeterminate prison term of 0-5 years in the Utah State Prison, and a fine of $5,000, plus a surcharge.

A class A misdemeanor is punishable by one year in jail and a fine of $2,500, plus a surcharge.  A class B misdemeanor is punishable by 6 months in jail, and a fine of $1,000, plus a surcharge.

If a victim has medical bills, therapy bills or other out of pocket expenses (within limits), the court will order that the defendant pay restitution to the victim.

 

Defenses

There are three basic defenses to assault:

1. Self defense/defense of a third person: A person is justified in threatening or using force against another when and to the extent that the person reasonably believes that force or a threat of force is necessary to defend the person or a third person against another person's imminent use of unlawful force. In determining imminence or reasonableness under Subsection, the jury may consider (among other factors): (a)the nature of the danger; (b)the immediacy of the danger; (c)the probability that the unlawful force would result in death or serious bodily injury; (d)the other's prior violent acts or violent propensities; and (e)any patterns of abuse or violence in the parties' relationship.

2. Defense of habitation: A person is justified in using force against another when and to the extent that he reasonably believes that the force is necessary to prevent or terminate the other's unlawful entry into or attack upon his habitation;

3. Defense of personal property: A person is justified in using force, other than deadly force, against another when and to the extent that the person reasonably believes that force is necessary to prevent or terminate another person's criminal interference with real property or personal property:

(a)lawfully in the person's possession;

(b)lawfully in the possession of a member of the person's immediate family; or

(c)belonging to a person whose property the person has a legal duty to protect.

In determining reasonableness, the jury shall, consider the following factors (among others that are relevant:

(a)the apparent or perceived extent of the damage to the property;

(b)property damage previously caused by the other person;

(c)threats of personal injury or damage to property that have been made previously by the other person; and

(d)any patterns of abuse or violence between the person and the other person.

 

 
Removal from Sex Offender Registry in 5 Years

Click for Video

 

There is a possibility of removal from the sex offender registry within 5 years of the termination of the sentence (the end of probation) under the following conditions:

 

The offender was convicted of:

(1) Kidnapping, and the conviction is the only conviction for which the offender is required to register;

(2) Unlawful Detention, and the conviction is the only conviction for which the offender is required to register;

(3) Unlawful sexual activity with a minor and, at the time of the offense, was not more than 10 years older than the victim; or

(4) Unlawful sexual conduct with a 16 or 17 year old, and at the time of the offense, was not more than 15 years older than the victim;

 

Requirements:

(b)five years have passed since the completion of the offender's sentence;

(c)the offender has successfully completed all treatment ordered by the court;

(i)the offender has not been convicted of any other crime, excluding traffic offenses, as evidenced by a certificate of eligibility issued by the bureau;

(ii) "Traffic offense" does not include a violation of Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving;

(e)the offender has paid all restitution ordered by the court;

(f)the offender has complied with all the registration requirements at all times as required in this chapter, as evidenced by a document obtained by the offender from the Utah Department of Corrections, which confirms compliance; and

(g)the office that prosecuted the offender, and the victim, or if the victim is still a minor, the victim's parent, are notified and provided with an opportunity to respond in accordance with Subsection (3)(a).